Author of anti-gay marriage laws says more religious protection bills on the way

Birmingham attorney A. Eric Johnston, who has helped write laws opposed to gay marriage, says more laws are needed to protect freedom of religion if gay marriage becomes the law of the land. (File)

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A. Eric Johnston, an attorney who helped write Alabama's anti-gay marriage laws that were struck down earlier this year by a federal judge, said that more state laws need to be enacted to protect Alabamians from lawsuits if they are asked to violate their religious beliefs against gay marriage.

Johnston helped write the Alabama Sanctity of Marriage Amendment, an amendment to the state constitution, and the Alabama Marriage Protection Act, passed by Alabama to prevent same-sex marriage. Both were both ruled unconstitutional in January by U.S. District Judge Ginny Granade in Mobile.

Johnston, president and general counsel of the Southeast Law Institute, said he also had some input on the language of H.B. 56. "I think it's got a good chance to pass," Johnston said. "It only expands the existing law that says religious people, ministers and judges, none of them would be required to perform a marriage that violates their religious beliefs."

Johnston said it's unlikely a minister would ever be coerced into performing a ceremony they don't want to do, but there is a fear of lawsuits based on discrimination complaints by same-sex couples.

"The end-game of those who support gay marriage is that everyone be required to accept their position," Johnston said.

Rep. Jim Hill, R-Moody, said he sponsored the bill after receiving phone calls from judges and ministers concerned they would be required to perform gay marriages.

The proposed law is not intended to discriminate against gay couples, but to prevent discrimination against religious people who oppose gay marriage and make a stand based on their conscience, Johnston said.

"It's not discriminatory," Johnston said. "It avoids discrimination."

Alabama needs laws to protect opponents of gay marriage if indeed it becomes the law of the land, Johnston said. The U.S. Supreme Court will hear arguments on April 28 on a gay marriage case and is likely to rule on the issue by June 30, Johnston said.

The Alabama Legislature is in session through June 15, so it would probably not have time to respond after the U.S. Supreme Court ruling, Johnston said.

That's why the legislature needs to act now to offer protection against potential infringements on religious believers, he said.

Johnston said there are other bills being written that would address issues such as religious child-placement agencies licensed by the state.

"They don't have to make placements that would violate their religious beliefs," Johnston said.

Another bill is likely to address the rights of private businesses such as florists or bakeries to decline to provide services for same-sex weddings if they are opposed based on their sincerely held religious beliefs.

"You are not required to do things that violate your conscience based on your sincerely held religious beliefs," Johnston said. "Hopefully that will avoid lawsuits."

Other ministers, bakers and florists who are willing to provide the services can serve same-sex couples, Johnston said.

"These cases have come up all over," he said.

"This is the most important issue that's ever faced Alabama," Johnston said. "It is a direct change in what is family, what is marriage. This totally changes the culture."

It's a matter of protecting religious liberty, Johnston said.

"There are those it would bother and they wouldn't be able to sleep at night; you're committing sin," Johnston said. "When you talk about forcing people to violate their conscience, that's the worst thing."

The proposed law, and other similar laws likely to be proposed, would help prevent that, Johnston said. "We're not discriminating against anybody; to go the other way would be discrimination," he said.